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浙江高院与阿里巴巴联手创设的“淘宝式送达”为我国“送达难”问题提供了一个具备时代特色的解决路径。但是这项设计本身很难从根本上解决“送达难”的问题,要想彻底解决就必须触及送达制度本身。一项合理的制度设计是以结合实际国情为前提的,缺乏全面的考量而盲目引进外国部分先进经验的后果便是无法充分彰显它的价值,实际运作困难重重,最终将其束之高阁。通过对比两大法系送达制度的特点,结合我国民事送达的功能定位和传统观念以及我国新修订的民事诉讼法和审判实践,可以得出这样一个论断:我国的民事送达制度在原有模式的基础上还应当逐渐迈向双轨制,在送达主体以及送达程序等方面予以进一步完善。
Zhejiang High Court and Alibaba jointly created “Taobao delivery ” for China “served hard ” issue provides a time-resolved path. However, this design itself is very difficult to fundamentally solve the problem of “service difficult”, in order to completely solve it must reach the delivery system itself. A reasonable design of the system is based on the actual national conditions as the premise, the lack of comprehensive consideration of the blind introduction of some advanced foreign experience is the result of its value can not be fully demonstrated, the actual operation of a lot of difficulties, and ultimately to put it away. By comparing the characteristics of the service systems of the two legal systems and the functional positioning and traditional concepts of civil service in our country, as well as the newly revised Civil Procedure Law and trial practice in our country, we can conclude that the civil service delivery system in our country Based on the two-track system should be gradually moved in the delivery of the main and delivery procedures to be further improved.